Petitioner accused under Section 376 IPC and POCSO Act sought bail alleging victim consent. Court examined victim statement and rejected bail prayer without releasing petitioner.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 2188 of 2018
Sushil Kumar @ Sumit Kumar …......... Petitioner(s).
Versus The State of Jharkhand … Opp. Party(s).
CORAM : HON'BLE MR. JUSTICE ANANDA SEN .
For the Petitioner(s) :M/s Jitendra S. Singh and Ganesh Ram, Advocates. For the State :A.P.P. For the Informant :Mr. Vijay Shankar Jha, Advocate.
04/10.04.2018:
Heard the learned counsel for the parties.
The petitioner is an accused for the offence under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act, in connection with Saraiyahat P.S. Case No. 17/2017, corresponding to POCSO Act Case No. 05/2017, pending in the court of learned Special Judge, Dumka.
Counsel for the petitioner submits that there is delay of one month in lodging the FIR. He further submits that from the statement of the victim, recorded under Section 164 Cr.P.C., it can be gathered that the victim is a consenting party and they are known to each other. He also submits that the mother of the victim saw them in compromising position, thus this case has been lodged against the petitioner after one month from the date of occurrence. He further submits that the parties were trying to settle the dispute but the settlement failed.
Learned A.P.P as well as counsel for the informant opposes the prayer for bail of the petitioner.
I have gone through the statement of the victim, recorded under Section 164 Cr.P.C., which supports the prosecution case. Without making any observation in detail about her statement so that the same may not prejudice the case of the parties, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner, namely, Sushil Kumar @ Sumit Kumar, is rejected, at this stage.
Anu/-C.P.-3
Sushil Kumar @ Sumit Kumar
The State of Jharkhand
Ananda Sen
As recorded by the court registry
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